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COMMONWEALTH v. MILLER

No. 10-P-613.

78 Mass. App. Ct. 860 (2011)

COMMONWEALTH v. PATRICK H. MILLER.

Appeals Court of Massachusetts, Middlesex.

March 2, 2011.

Attorney(s) appearing for the Case

Ryan P. Sullivan, Assistant District Attorney, for the Commonwealth.

Travis J. Jacobs for the defendant.

Present: CYPHER, GRAHAM, & KATZMANN, JJ.

CYPHER, J.

The defendant, Patrick H. Miller, was charged with operating a motor vehicle under the influence of alcohol (third offense), and two civil infractions, namely failure to properly display registration plates and a safety standard violation (cracked windshield). After an evidentiary hearing, a District Court judge allowed the defendant's motion to suppress evidence. The judge ruled that the stop of the defendant's motor vehicle was improper because it was...

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